[Ord. 6694, passed 10-11-1979]
As used in this article, certain terms are defined as follows:
(a)
PERSON — Any natural person or persons, association, partnership,
firm, public or private association or corporation or other entity.
(b)
DOWNTOWN IMPROVEMENT AREA — The entire public right of way
including the streets, curbs and sidewalks, unless otherwise specifically
indicated herein, of the following public ways:
(1)
Washington Street from its intersection with Neshannock Creek
on the east, westerly to its intersection with the west right-of-way
line of Beaver Street on the west;
(2)
Jefferson Street from its intersection with the southerly right-of-way
line of South Beaver Street on the south, northwardly to its intersection
with the north right-of-way line of Sycamore Alley on the north;
(3)
Mercer Street, the easterly portion only, from its intersection
with the south right-of-way line of Sycamore Alley on the south, northwardly
to its intersection with the south right-of-way line of North Street
on the north;
(4)
Apple Alley from its intersection with the south right-of-way
line of Market Alley on the south, northwardly to its intersection
with the north right-of-way line of Sycamore Alley on the north.
(5)
Mill Street from its intersection with the south right-of-way
line of Washington Street on the south, northwardly to its intersection
with the north right-of-way line of North Street on the north and
further as to the easterly portion of Mill Street only from its intersection
with the northerly right-of-way line of North Street on the south
to its intersection with the northerly right-of-way line of Falls
Street on the north;
(6)
Water Street from its intersection with the south right-of-way
line of Washington Street on the north, southwardly to its intersection
with the south right-of-way line of Market Alley on the south;
(7)
East Street from its intersection with the northerly right-of-way
line of Washington Street on the south, northwardly to its intersection
with the northerly right-of-way line of North Street on the north
and further as to the westerly portion of East Street only from its
intersection with the northerly right-of-way line of North Street
on the south, northwardly to its intersection with the northerly right-of-way
line of Falls Street on the north; and
(8)
North Street from its intersection with the westerly right-of-way
line of Mill Street on the west, eastwardly to its intersection with
the easterly right-of-way line of East Street on the east and further
as to the southerly portion of North Street only from its intersection
with the easterly right-of-way line of East Street on the west, eastwardly
to the Neshannock Creek on the east.
(c)
ACTIVITIES — Includes all special activities, functions and
uses made or conducted in the Downtown Improvement Area or any part
thereof including by way of example and not limitation, parades, sidewalk
sales and other similar uses in and upon any of the streets, sidewalks
or other public ways or places within the Downtown Improvement Area.
(d)
STREETS — Includes all roads, highways, streets, alleys, and
other public and private ways provided for and used by motor vehicles
and pedestrians.
(e)
COUNCIL — The City Council of the City of New Castle, Lawrence
County, Pennsylvania.
[Ord. 6694, passed 10-11-1979]
The provisions of this article shall apply to all activities
and uses conducted, made and occurring within the Downtown Improvement
Area and especially upon the streets and sidewalks within the Area.
[Ord. 6694, passed 10-11-1979]
All activities and uses in the Downtown Improvement Area shall
be subject to all of the provisions of this article and such further
rules and regulations as Council may from time to time hereafter adopt
and establish by resolution. Such rules and regulations shall be adopted
and established to effectuate the purposes of this article and to
promote the public health, safety and welfare by governing and controlling
the activities and uses within the Area and promoting the orderly
use of the Area.
[Ord. 6694, passed 10-11-1979; Ord. 8085, passed 4-10-2014]
(a)
No activities shall be conducted in the Downtown Improvement Area
without first obtaining the express written approval of the Mayor
and the Police Chief. City Council will receive written notification
of all events. No formal Council action is necessary.
(b)
The activities which can be conducted upon the Area are those which
are consistent with and promote the health, safety and/or welfare
of the community, and which are aesthetically and not physically detrimental
to the Area and which would promote education, community spirit and
bring interest to the districts of the City surrounding the Area or
promote and stimulate any other worthwhile community enterprise.
(c)
All persons involved with the activities and who have obtained the
approval of the Mayor and the Police Chief shall be responsible for
the cleaning and repairing of the Area and shall restore the Area
to its prior condition previous to its use. Failure to strictly comply
with this provision shall result in the City taking such action as
necessary to clean and repair the Area and restore it to its prior
condition. All of the work involved and all costs and expenses incurred
by the City cleaning and repairing the Area shall be done and performed
at the sole cost and expense of the aforementioned persons who shall
immediately pay same and in default thereof the Mayor shall have the
right to pursue any and all available remedies to recover from such
persons such costs and expenses, including attorneys' fees incurred
by the City in collecting the sum, together with the penalty as prescribed
by this article.
(d)
The City shall not be responsible or liable for any damages, injuries,
accidents or incidents which occur as a result of or in connection
with any activities in the Area.
[Ord. 6694, passed 10-11-1979]
(a)
No alcoholic beverages shall be consumed in or upon any of the streets
or sidewalks in the Downtown Improvement Area.
(b)
Council, upon a showing of good cause, may permit the consumption
of alcohol in and upon the streets and sidewalks in the Area; subject,
however, to such rules and regulations as Council may deem necessary
or proper to control the supply and consumption of the alcoholic beverages.
[Ord. 6694, passed 10-11-1979]
(a)
No animals are permitted in the Downtown Improvement Area unless
they are controlled by leash or unless same has been specifically
authorized by Council.
(b)
All animals shall be curbed for the purposes of defecation.
(c)
Owners and/or the person in control of the animal shall be responsible
for cleaning and removing the animal's waste and properly disposing
of same.
[Ord. 6694, passed 10-11-1979]
(a)
All bicycles shall be ridden in the street. They shall not be ridden
on the sidewalk at any time. They may, however, be walked on the sidewalk
area.
(b)
All bicycles shall be parked in bicycle racks if such racks are provided.
(c)
All persons riding a bicycle within the Downtown Improvement Area
shall strictly comply with all of the provisions of the Pennsylvania
Motor Vehicle Code concerning pedalcycles as such provisions presently
exist and as they may hereafter be amended.
[Ord. 6694, passed 10-11-1979]
Public drunkenness, disorderly conduct and all offenses against
the public order and decency, all as defined and set forth in Article
F of the Pennsylvania Crimes Code, Act of 1972, No. 334, as amended,
are prohibited in the Downtown Improvement Area.
[Ord. 6694, passed 10-11-1979]
No person shall wade, swim, enter into or place or deposit in
any manner any object, either liquids or solid, in any fountain located
in the Downtown Improvement Area.
[Ord. 6694, passed 10-11-1979]
(a)
No permanent installation of any type shall be erected in or on any
of the streets, sidewalks or other public ways or areas in the Downtown
Improvement Area. For the purposes of this article, "permanent installation"
means and includes anything constructed or erected, the use of which
requires a fixed location on the ground or an attachment to something
having a fixed location on the ground, including but not limited to
any roofed structure or building enclosed by walls and intended or
used for the shelter, housing or enclosure of persons, goods, materials
or animals.
(b)
Unless otherwise permitted by Council, all tables, chairs, racks
and other similar movable items or furniture shall not be placed or
erected on the streets, sidewalks or other public ways or places prior
to 9:00 a.m. and shall be removed within one hour of the closing of
the business stores in the Area.
(c)
A person shall be present at all times to control and supervise the
use of all tables or other furniture erected or placed pursuant to
the foregoing provisions.
[Ord. 6694, passed 10-11-1979]
(a)
It shall be unlawful for any person to cast, throw, sweep, sift or
deposit in any manner in or upon any street, sidewalk, public way
or other public place in the Downtown Improvement Area, any kind of
dirt, rubbish, garbage, waste article, thing or substance whatsoever,
whether liquid or solid. All of such items shall be deposited in receptacles
provided for that purpose.
(b)
It shall be unlawful to cast, throw or deposit any glass, tacks,
nails or other similar articles on any street or sidewalk or other
public way or place located in the Area.
[Ord. 6694, passed 10-11-1979]
It shall be unlawful to expectorate on any street, sidewalk
or in any other public way or place; or in any public vehicle, or
in any store, assembly hall, corridor or other place open to and used
by the public and located in the Downtown Improvement Area.
[Ord. 6694, passed 10-11-1979]
Within the Downtown Improvement Area, it shall be unlawful for
any person to obstruct or permit the obstruction of any stairway,
aisle, corridor, entrance or exit in any office building, store, theater
or any other public place or establishment in such a manner so that
it creates a hazardous condition or interferes with the free use of
such stairways, aisle, corridor, entrance or exit.
[Ord. 6694, passed 10-11-1979]
Within the Downtown Improvement Area, no person shall mar, injure,
lean, destroy, deface or in any manner participate in injuring, destroying
or defacing any public or private property, or cause to be posted
or stuck, any sign, poster, handbill or placard upon any public or
private building located in the Area without the permission from the
owner or occupant being first obtained; nor shall any person mar,
injure, destroy or deface or cause to be marred, destroyed, injured
or defaced any tree, street sign, awning, lamp post, electric light
post, planter or apparatus or any other public or private property
not owned by such person and located within the Area.
[Ord. 6694, passed 10-11-1979]
It shall be unlawful to make or cause to be made any unreasonable
noise or sounds of such volume or of such a nature as to cause annoyance
to the general public while in the Downtown Improvement Area.
[Ord. 6694, passed 10-11-1979]
It shall be unlawful for any person to engage in any of the
following conduct in the Downtown Improvement Area unless such conduct
has been specifically authorized by Council:
[Ord. 6694, passed 10-11-1979]
No person shall roller skate, ride on a skate board or operate
any vehicle or device having metal wheels in the Downtown Improvement
Area except by permission of Council.
[Ord. 6694, passed 10-11-1979]
No person shall erect or place on the streets, sidewalks or
other public ways or places in the Downtown Improvement Area any tables,
stands or other similar items to be used to sell or expose for sale
goods, merchandise or other things, without permission of the Mayor.
The City may impose such fees, insurances and other requirements as
it deems reasonable and necessary to protect the public health, safety
and general welfare.
[Ord. 6694, passed 10-11-1979]
No person shall solicit funds or seek contributions for any
purposes whatsoever in the Downtown Improvement Area except when the
activity has been specifically authorized.
[Ord. 6694, passed 10-11-1979]
No person shall use or employ in any manner any sound amplification
equipment other than those of a personal nature or engage in the playing
of musical instruments upon or in the Downtown Improvement Area unless
such use has been specifically authorized. The term "sound amplification
equipment" shall include radios, tape recorders, phonographs, voice
amplification equipment and other similar electronic devices.
[Ord. 6694, passed 10-11-1979]
No person shall store any items, materials, stock, goods, merchandise,
etc., upon any of the streets, sidewalks and other public ways or
places anywhere in the Downtown Improvement Area.
[Ord. 6694, passed 10-11-1979]
(a)
The normal sweeping and maintenance of the streets shall be the responsibility
of the City. The sweeping, cleaning and maintenance of the sidewalks
located in the Downtown Improvement Area shall be done by the owner
or occupant, and the dirt or debris shall not be swept or deposited
on the streets.
(b)
Recessed store entrances, foyers or other areas within the building
lines shall at all times remain the responsibility of the owner and/or
tenants, who shall maintain them in a clean and orderly fashion.
(c)
Only sand can be used for ice and snow control anywhere in the Downtown
Improvement Area.
[Ord. 6694, passed 10-11-1979]
The Mayor, or his designee, or Council shall have the authority
to discontinue traffic in the Downtown Improvement Area to accommodate
special activities, events or other purposes.
[Ord. 6694, passed 10-11-1979]
Delivery trucks, including any type of motorized vehicle used
for delivery, are allowed in the Downtown Improvement Area only for
15 minute intervals.
[Ord. 6694, passed 10-11-1979]
(a)
Owners of vacant property shall adhere to Section 757.22.
(b)
Owners of vacant property are encouraged to decorate windows in an
attractive manner or make them available for display purposes to the
City, for promotion of the Downtown Improvement Area, for nonprofit
organizations and activities or for manufacturing display.
[Ord. 6694, passed 10-11-1979]
Maximum vehicular speed in the Downtown Improvement Area shall
be as posted.
[Ord. 6694, passed 10-11-1979]
No vending machine or coin operated amusement devices shall
be placed in the Downtown Improvement Area without special permission.
[Ord. 6694, passed 10-11-1979]
No person shall place on any street, sidewalk or other public
way any machine or equipment used to show or exhibit movies, slide
shows or any other visual demonstrations, unless the permission and
consent of Council has first been obtained.
[Ord. 6694, passed 10-11-1979]
It shall be unlawful to permit the accumulation of or to store
any combustible refuse or material in such a way as to create a fire
hazard or to store or dispose of any refuse material of any kind upon
any street, sidewalk or public way in the Downtown Improvement Area.
[Ord. 6694, passed 10-11-1979]
No person shall burn any garbage, or other organic refuse, outside
of any building at any time in the Downtown Improvement Area.
[Ord. 6694, passed 10-11-1979]
It shall be unlawful to deposit or leave any refuse or material
in such a place or condition that it can be blown by the wind so as
to be scattered or cause clouds of dust or particles; and it shall
be unlawful to permit the escape of soot, ashes or other solid products
or results of combustion so as to be wind-blown or scattered.
[Ord. 6694, passed 10-11-1979]
It shall be unlawful to case, throw or propel any missile on
any street, sidewalk or other public place in the Downtown Improvement
Area.
[Ord. 6694, passed 10-11-1979]
It shall be unlawful to advertise any unlawful business or article
in the Downtown Improvement Area and it shall be unlawful to injure
or deface any lawful advertisement or notice.
[Ord. 6694, passed 10-11-1979]
It shall be unlawful for any person to post or place any bills
or advertisements on any public property without the permission of
Council; and it shall be unlawful to post or place any bill or advertisement
on any property without the written consent of the owner thereof.
[Ord. 6694, passed 10-11-1979]
One-way streets shall include the following:
[Ord. 6694, passed 10-11-1979]
Left turns shall be prohibited as follows:
[Ord. 6694, passed 10-11-1979]
"By permission," "as authorized" or "approved by" allows the
Mayor or his designee to make exceptions to the restrictions of some
of the rules and regulations when appropriate, on a temporary basis.
In all cases, the exceptions shall be controlled by a permittal procedure
established by Council.
[Ord. 6694, passed 10-11-1979]
No person shall paint any curb in the Downtown Improvement Area.
[Ord. 6694, passed 10-11-1979]
All applicable City ordinances now in effect apply to the Downtown
Improvement Area unless in conflict with the terms and provisions
of this article or if superseded by any of the rules and regulations
or laws of the Commonwealth of Pennsylvania. This article shall not
affect in any manner whatsoever the application of all other applicable
City ordinances to any other area of the City not herein described.
[Ord. 6694, passed 10-11-1979]
Whoever violates a provision of this article or fails to fully
comply therewith or with any of the requirements hereof shall be punished
as provided in Section 101.99 of the Administrative Code. The imposition
of any penalty for any violation of or noncompliance with this article
shall not excuse the violation or noncompliance or permit it to continue
and all such persons shall be required to promptly and completely
correct or remedy such violation or defects.
